UNIT MEMBER DISCIPLINE. 22.1 The District shall have the right to suspend individual unit members without pay for up to fifteen days per year for just cause. 22.2 Concepts of “progressive discipline” and “disparate treatment” shall be generally applicable. 22.3 In imposing suspension, the District will not take into account any prior acts or omissions which occur more than four years preceding the date of the statement of charges giving rise to the suspension. 22.4 The District shall notify the affected unit member and the Association of any contemplated suspension. The notice shall contain a specific statement of the charge(s) and a statement of the act(s) and omission(s) upon which the charge(s) is based. The notice of suspension shall be issued no later than forty-five calendar days (excluding the period between May 15th and September 15th, pursuant to California Education Code Section 44936) following the last act or omission by the unit member contained in the notice which resulted in the statement of charges. The suspension shall be implemented in accordance with the timeline prescribed by the district in the notice, subject to Section 22.5 below. 22.5 Any suspension of a unit member shall be preceded by written notice of the right to appeal said action by filing a grievance as provided in Article 10 of this Agreement. Any dispute arising out of this Article may be submitted to final and binding arbitration pursuant to Article 10 of this Agreement, provided the unit member files a written appeal with the District Personnel Office within ten working days from the date of service of the Statement of Charges. Any proposed suspension against the unit member under this Article shall be stayed until the arbitrator’s decision is rendered, unless any of the causes for suspension under Education Code Section 44939 exist, or the unit member’s immediate suspension is deemed appropriate by the District for the Safety and welfare of students and/or staff. 22.6 Suspension without pay under this Section shall not be regarded as a precondition for any other form of disciplinary action against a unit member not prohibited by law, including but not limited to, dismissal and notice of non-reelection. 22.7 Suspension without pay under this Article shall not reduce or deprive the unit member of available health benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
UNIT MEMBER DISCIPLINE. 22.1 The District shall have the right to suspend individual unit members without pay for up to fifteen (15) days per year for just causecause as defined in Education Code Section 44932.
22.2 Concepts of “progressive discipline” and “disparate treatment” shall be generally applicable. The District shall not engage in disparate treatment of employees.
22.3 In imposing suspension, the District will Suspension of a unit member shall not take into account any prior acts or omissions be based on matters which occur occurred more than four (4) years preceding the date of the statement Notice of charges giving rise Intent to Discipline, with the suspensionexceptions provided under Education Code Section 44944.
22.4 The District shall notify provide the affected unit member and the Association with a written Notice of Intent to Discipline for any contemplated proposed suspension. The notice Notice of Intent to Discipline shall contain a specific statement of the charge(s) and which shall include a statement of the act(s) and omission(s) upon which the charge(s) is based. The notice Notice of suspension Intent to Discipline shall be issued no later than forty-five (45) calendar days (excluding the period except for notices that only include a charge of unsatisfactory performance, which cannot be served between May 15th and September 15th, pursuant to California Education Code Section 44936) following the completion of the investigation into the last act or omission by the unit member contained in the notice which resulted in the statement Notice of chargesIntent to Discipline. The suspension shall be implemented in accordance with the timeline prescribed by the district District in the noticeNotice of Intent to Discipline, subject to Section 22.5 below.
22.5 Any suspension The Notice of a unit member Intent to Discipline shall be preceded accompanied by written notice of the unit member’s right to appeal said action the suspension by filing a grievance as provided in Article 10 of this Agreement. Any dispute arising out of this Article may be submitted to final and binding arbitration pursuant to Article 10 of this Agreement, provided the unit member files a written appeal with the District Personnel Office Superintendent or their designee within ten (10) working days from the date of service of the Statement Notice of ChargesIntent to Discipline. Any proposed suspension against the unit member under this Article shall be stayed until the arbitrator’s decision is rendered, unless any the suspension is based on one of the causes for suspension set forth under Education Code Section 44939 exist44939, or the unit member’s immediate suspension is deemed appropriate by the District for the Safety safety and welfare of students and/or staff.
22.6 Suspension without pay under this Section shall not be regarded as a precondition for any other form of disciplinary action against a unit member not prohibited by law, including but not limited to, dismissal and notice of non-reelection.
22.7 Suspension without pay under this Article shall not reduce or deprive the unit member of available health benefits.benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
UNIT MEMBER DISCIPLINE. 22.1 The District shall have the right to suspend individual unit members without pay for up to fifteen days per year for just cause.
22.2 Concepts of “progressive discipline” and “disparate treatment” shall be generally applicable.
22.3 In imposing suspension, the District will not take into account any prior acts or omissions which occur more than four years preceding the date of the statement of charges giving rise to the suspension.
22.4 The District shall notify the affected unit member and the Association of any contemplated suspension. The notice shall contain a specific statement of the charge(s) and a statement of the act(s) and omission(s) upon which the charge(s) is based. The notice of suspension shall be issued no later than forty-five calendar days (excluding the period between May 15th and September 15th, pursuant to California Education Code Section 44936) following the last act or omission by the unit member contained in the notice which resulted in the statement of charges. The suspension shall be implemented in accordance with the timeline prescribed by the district in the notice, subject to Section 22.5 below.
22.5 Any suspension of a unit member shall be preceded by written notice of the right to appeal said action by filing a grievance as provided in Article 10 of this Agreement. Any dispute arising out of this Article may be submitted to final and binding arbitration pursuant to Article 10 of this Agreement, provided the unit member files a written appeal with the District Personnel Office within ten working days from the date of service of the Statement of Charges. Any proposed suspension against the unit member under this Article shall be stayed until the arbitrator’s decision is rendered, unless any of the causes for suspension under Education Code Section 44939 exist, or the unit member’s immediate suspension is deemed appropriate by the District for the Safety and welfare of students and/or staff.
22.6 Suspension without pay under this Section shall not be regarded as a precondition for any other form of disciplinary action against a unit member not prohibited by law, including but not limited to, dismissal and notice of non-reelection.
22.7 Suspension without pay under this Article shall not reduce or deprive the unit member of available health benefits.benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
UNIT MEMBER DISCIPLINE. 22.1 The District shall have the right to suspend individual unit members without pay for up to fifteen (15) days per year for just causecause as defined in Education Code Section 44932.
22.2 Concepts of “progressive discipline” and “disparate treatment” shall be generally applicable. The District shall not engage in disparate treatment of employees.
22.3 In imposing suspension, the District will Suspension of a unit member shall not take into account any prior acts or omissions be based on matters which occur occurred more than four (4) years preceding the date of the statement Notice of charges giving rise Intent to Discipline, with the suspensionexceptions provided under Education Code Section 44944.
22.4 The District shall notify provide the affected unit member and the Association a with a written Notice of Intent to Discipline for any contemplated proposed suspension. The notice Notice of Intent to Discipline shall contain a specific statement of the charge(s) and which shall include a statement of the act(s) and omission(s) upon which the charge(s) is based. The notice Notice of suspension Intent to Discipline shall be issued no later than forty-five (45) calendar days (excluding the period except for notices that only include a charge of unsatisfactory performance, which cannot be served between May 15th and September 15th, pursuant to California Education Code Section 44936) following the completion of the investigation into the last act or omission by the unit member contained in the notice which resulted in the statement Notice of chargesIntent to Discipline. The suspension shall be implemented in accordance with the timeline prescribed by the district District in the noticeNotice of Intent to Discipline, subject to Section 22.5 below.
22.5 Any suspension The Notice of a unit member Intent to Discipline shall be preceded accompanied by written notice of the unit member’s right to appeal said action the suspension by filing a grievance as provided in Article 10 of this Agreement. Any dispute arising out of this Article may be submitted to final and binding arbitration pursuant to Article 10 of this Agreement, provided the unit member files a written appeal with the District Personnel Office Superintendent or their designee within ten (10) working days from the date of service of the Statement Notice of ChargesIntent to Discipline. Any proposed suspension against the unit member under this Article shall be stayed until the arbitrator’s decision is rendered, unless any the suspension is based on one of the causes for suspension set forth under Education Code Section 44939 exist44939, or the unit member’s immediate suspension is deemed appropriate by the District for the Safety safety and welfare of students and/or staff.
22.6 Suspension without pay under this Section shall not be regarded as a precondition for any other form of disciplinary action against a unit member not prohibited by law, including but not limited to, dismissal and notice of non-reelection.
22.7 Suspension without pay under this Article shall not reduce or deprive the unit member of available health benefits.benefits.
Appears in 1 contract
Sources: Collective Bargaining Agreement